Videos tagged with Constitutional Challenge

This video from Washington Gun Law TV, hosted by President William Kirk, analyzes the constitutional viability of Washington's new income tax, also known as the "millionaire tax." Kirk argues that the tax violates Article 7, Section 1 of the Washington State Constitution, the property tax uniformity clause, citing the 1933 case Colatin v. Chase, which established that income is considered property. The video discusses the legislative rationale behind passing the bill despite constitutional concerns and anticipates legal challenges, highlighting the involvement of former Attorney General Rob McKenna.

This entry synthesizes a discussion between Shawn Ryan and Hunter Biden regarding the legal implications of a potential pardon. Hunter Biden clarifies the nature of pardons, discusses his tax and gun charges, and raises concerns about the fairness of the Department of Justice under a Trump administration, specifically referencing 18 U.S.C. 922(g)(3) and its potential unconstitutionality.

A federal lawsuit, James v. Bont, has been filed against California's AB127, commonly known as the 'Glock ban.' The lawsuit, brought by the FPC, 2AF, NRA, and individual plaintiffs, challenges the constitutionality of the law which bans the sale or transfer of Glock and Glock-style handguns with cruciform trigger bars. Plaintiffs argue these firearms are in common use for self-defense and thus protected by the Second Amendment.

This video details the NRA's legal strategy, in coalition with FPC and SAF, to challenge the National Firearms Act (NFA) of 1934. It highlights the argument that the NFA's basis in Congress's taxing power is invalidated by the elimination of the $200 tax on certain firearms, making the registration requirement an unconstitutional infringement on Second Amendment rights. The video emphasizes the importance of building broad coalitions to fight against perceived government overreach.

This video details the lawsuit 'Blank v. Santa Clara Sheriff's Department,' challenging the county's CCW application process. The suit targets high fees, mandatory psychological testing without individualized cause, and the chilling effect of a 'Levine Act' disclosure on First Amendment rights. The legal team argues these practices create unconstitutional burdens on fundamental rights.

This video discusses the case of Miller v. Mueller, challenging Illinois' licensing regulations for home daycare providers and foster parents. These regulations effectively turn homes into gun-free zones by requiring firearms to be disassembled and locked away separately from ammunition, or simply locked away, during operational hours. The Second Amendment Foundation argues this infringes upon the Second Amendment rights of individuals who wish to both care for children and defend their homes, citing the Bruin two-part test.

This video from Washington Gun Law TV discusses four proposed firearm-related bills in California that have advanced through legislative chambers. The presenter, William Kirk, highlights Assembly Bills 1078 (limiting firearm purchases to three per 30 days), 1127 (banning firearms with crucible triggers, potentially affecting Glock clones), and 1263 (criminalizing 3D printing blueprints for firearms). Senate Bill 704, requiring background checks for barrel purchases, is also covered. The video emphasizes the potential for these laws to spread to other states and the ongoing legal challenges they may face.

A federal court has ruled that New York's practice of denying non-resident concealed carry permit applications is unconstitutional. This significant win, brought by Gun Owners of America and Carl Higgby, challenges state-level restrictions on the right to bear arms for those traveling across state lines. The decision could pave the way for broader national reciprocity for gun owners.

The Ninth Circuit has struck down California's 'one gun per month' law, marking the first time the court has invalidated a law on Second Amendment grounds. This decision, referencing the Bruen decision, establishes a 'breaking point' for gun control measures, indicating that excessively restrictive laws are unconstitutional. The ruling suggests a move towards judicial equilibrium in Second Amendment cases.

This video discusses two new, separate coalition lawsuits filed by major gun rights organizations challenging the National Firearms Act (NFA). The lawsuits are strategically filed in different federal circuits, aiming to dismantle the NFA by leveraging the recent elimination of taxes on certain NFA items through the 'one big beautiful bill'. The speaker emphasizes the increased odds of success with multiple legal challenges targeting the same unconstitutional law.

The Ninth Circuit Court has struck down California's law requiring background checks for ammunition purchases in the case of Road v. Bont. The court ruled that the law meaningfully constrains the right to keep and bear arms, violating the Second Amendment. This decision was based on both the plain text of the amendment and historical tradition, finding that ammunition acquisition is integral to operable arms.

This video discusses the lawsuit Padua v. Platkin, filed in the U.S. District Court for the District of New Jersey, challenging the state's ban on firearm suppressors. The plaintiffs argue that suppressors are protected under the Second Amendment and that New Jersey's ban lacks historical justification, citing their benefits for hearing protection, noise reduction, accuracy, and recoil management. The lawsuit seeks a declaration that the ban is unconstitutional and an injunction against its enforcement.